The High Court
Case Details
Order No. 02. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.194 of 2025 Namita Behera …. Petitioner Mr. Trilochan Nanda, Advocate Chinmaya Kumar Barik …. Opposite Party -versus- None CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 25.09.2025 This matter is taken up through hybrid mode. 2. Pursuant to order dated 14.08.2025, the learned Judge, Family Court, Sonepur, vide letter dated 10.09.2025, has reported that, in obedience to the direction given by this Court, copy of order dated 14.08.2025, passed in the present TRPC, was duly communicated to the learned Counsel for the Opposite Party, who represents him C.P. No.25 of 2025 on 04.09.2025. Still, the Opposite Party-husband goes unrepresented when the matter is called. 3. Hence, as prayed by learned Counsel for the Petitioner-wife, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party. 4. This transfer petition has been filed by the Petitioner- wife for transfer of proceeding in C.P. No.25 of 2025, preferred by the Opposite Party-husband, now pending in the Court of learned Judge, Family Court, Sonepur, to the Court of learned Judge, Family Court, Bolangir on the grounds detailed in the Transfer Petition 5. Heard learned Counsel for the Petitioner. 6. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits that the Petitioner is a deserted lady having no source of income. She was being driven out from her matrimonial home. After her desertion, she is residing in her parental house and living in a very miserable condition. She has a two years’ minor son, of whom she is taking care of. That apart, at her instance, CMC No.42 of 2024 filed under Section 144 of BNSS, 2023 for maintenance is now pending before the learned Judge, Family Court, Bolangir. Similarly, CMC (PWDV) Case No.286 of 2024, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005), is also now pending before the learned S.D.J.M, Balangir. 7. Law is well settled that, while dealing with transfer petitions in matrimonial cases, convenience of the wife must be looked at and proceedings involving common question of fact and law to be tried together. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, the Supreme Court held as follows: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure Page 2 of 5 is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, the spouses and it is the wife’s convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” (Emphasis Supplied) 8. In view of the reasons detailed in the transfer petition so also submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. 9. The learned Judge, Family Court, Sonepur is directed to transmit the case record in C.P. No.25 of 2025 to the Court of learned Judge, Family Court, Bolangir at the earliest, preferably within a period of one week from the Page 3 of 5 date of production of certified copy of this order. 10. On receiving the case record in C.P. No.25 of 2025 from the Court of learned Judge, Family Court, Sonepur, the learned Judge, Family Court, Bolangir shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 11. Since C.M.C. No.42 of 2024, at the instance of the Petitioner-wife, is also pending before the same Court, for convenience of parties, both C.P. No.25 of 2025 and C.M.C. No.42 of 2024 be tried together by posting both the said cases to same date. 12. The learned Judge, Family Court, Bolangir is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, if so prayed for by any of the parties. However, it is made clear that, on the dates of effective hearing i.e. for examination and cross- examination of witnesses and other purposes, for which their presence may be required by the Court and if it is so ordered, the parties shall remain physically present before the learned Judge, Family Court, Bolangir. 13. The parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Bolangir, who shall do well to conclude both Page 4 of 5 the proceedings in C.P. No.25 of 2025 as well as C.M.C. No.42 of 2024 at the earliest. 14. With the said observation and direction, the transfer petition stands disposed of. 15. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Sonepur so also the learned Judge, Family Court, Bolangir for compliance. 16. Urgent certified copy of this order be granted on proper application as per rules. JUDGE (S. K. MISHRA) Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 26-Sep-2025 17:44:22 Page 5 of 5